Feds Unable to Distinguish Art from Bioterrorism
Grieving Artist Denied Access to Deceased Wife's Body
Grieving Artist Denied Access to Deceased Wife's Body
May 25, 2004
FOR IMMEDIATE RELEASE
FBI ABDUCTS ARTIST, SEIZES ART
Feds Unable to Distinguish Art from Bioterrorism
Grieving Artist Denied Access to Deceased Wife's Body
DEFENSE FUND ESTABLISHED - HELP URGENTLY NEEDED
Steve Kurtz was already suffering from one tragedy when he called 911
early in the morning to tell them his wife had suffered a cardiac arrest
and died in her sleep. The police arrived and, cranked up on the rhetoric
of the "War on Terror," decided Kurtz's art supplies were actually
bioterrorism weapons.
Thus began an Orwellian stream of events in which FBI agents abducted
Kurtz without charges, sealed off his entire block, and confiscated his
computers, manuscripts, art supplies... and even his wife's body.
Like the case of Brandon Mayfield, the Muslim lawyer from Portland
imprisoned for two weeks on the flimsiest of false evidence, Kurtz's case
amply demonstrates the dangers posed by the USA PATRIOT Act coupled with
government-nurtured terrorism hysteria.
Kurtz's case is ongoing, and, on top of everything else, Kurtz is facing a
mountain of legal fees. Donations to his legal defense can be made at
http://www.rtmark.com/CAEdefense/
FEAR RUN AMOK
Steve Kurtz is Associate Professor in the Department of Art at the State
University of New York's University at Buffalo, and a member of the
internationally-acclaimed Critical Art Ensemble.
Kurtz's wife, Hope Kurtz, died in her sleep of cardiac arrest in the early
morning hours of May 11. Police arrived, became suspicious of Kurtz's art
supplies and called the FBI.
Within hours, FBI agents had "detained" Kurtz as a suspected bioterrorist
and cordoned off the entire block around his house. (Kurtz walked away the
next day on the advice of a lawyer, his "detention" having proved to be
illegal.) Over the next few days, dozens of agents in hazmat suits, from a
number of law enforcement agencies, sifted through Kurtz's work, analyzing
it on-site and impounding computers, manuscripts, books, equipment, and
even his wife's body for further analysis. Meanwhile, the Buffalo Health
Department condemned his house as a health risk.
Kurtz, a member of the Critical Art Ensemble, makes art which addresses
the politics of biotechnology. "Free Range Grains," CAE's latest project,
included a mobile DNA extraction laboratory for testing food products for
possible transgenic contamination. It was this equipment which triggered
the Kafkaesque chain of events.
FBI field and laboratory tests have shown that Kurtz's equipment was not
used for any illegal purpose. In fact, it is not even _possible_ to use
this equipment for the production or weaponization of dangerous germs.
Furthermore, any person in the US may legally obtain and possess such
equipment.
"Today, there is no legal way to stop huge corporations from putting
genetically altered material in our food," said Defense Fund spokeswoman
Carla Mendes. "Yet owning the equipment required to test for the presence
of 'Frankenfood' will get you accused of 'terrorism.' You can be illegally
detained by shadowy government agents, lose access to your home, work, and
belongings, and find that your recently deceased spouse's body has been
taken away for 'analysis.'"
Though Kurtz has finally been able to return to his home and recover his
wife's body, the FBI has still not returned any of his equipment,
computers or manuscripts, nor given any indication of when they will. The
case remains open.
HELP URGENTLY NEEDED
A small fortune has already been spent on lawyers for Kurtz and other
Critical Art Ensemble members. A defense fund has been established at
http://www.rtmark.com/CAEdefense/ to help defray the legal costs which
will continue to mount so long as the investigation continues. Donations
go directly to the legal defense of Kurtz and other Critical Art Ensemble
members. Should the funds raised exceed the cost of the legal defense, any
remaining money will be used to help other artists in need.
To make a donation, please visit http://www.rtmark.com/CAEdefense/
For more information on the Critical Art Ensemble, please visit
http://www.critical-art.net/
Articles about the case:
http://www.rtmark.com/CAEdefense/news-WKBW-2.html
http://www.rtmark.com/CAEdefense/news-WKBW.html
On advice of counsel, Steve Kurtz is unable to answer questions regarding
his case. Please direct questions or comments to Carla Mendes
.
FOR IMMEDIATE RELEASE
FBI ABDUCTS ARTIST, SEIZES ART
Feds Unable to Distinguish Art from Bioterrorism
Grieving Artist Denied Access to Deceased Wife's Body
DEFENSE FUND ESTABLISHED - HELP URGENTLY NEEDED
Steve Kurtz was already suffering from one tragedy when he called 911
early in the morning to tell them his wife had suffered a cardiac arrest
and died in her sleep. The police arrived and, cranked up on the rhetoric
of the "War on Terror," decided Kurtz's art supplies were actually
bioterrorism weapons.
Thus began an Orwellian stream of events in which FBI agents abducted
Kurtz without charges, sealed off his entire block, and confiscated his
computers, manuscripts, art supplies... and even his wife's body.
Like the case of Brandon Mayfield, the Muslim lawyer from Portland
imprisoned for two weeks on the flimsiest of false evidence, Kurtz's case
amply demonstrates the dangers posed by the USA PATRIOT Act coupled with
government-nurtured terrorism hysteria.
Kurtz's case is ongoing, and, on top of everything else, Kurtz is facing a
mountain of legal fees. Donations to his legal defense can be made at
http://www.rtmark.com/CAEdefense/ FEAR RUN AMOK
Steve Kurtz is Associate Professor in the Department of Art at the State
University of New York's University at Buffalo, and a member of the
internationally-acclaimed Critical Art Ensemble.
Kurtz's wife, Hope Kurtz, died in her sleep of cardiac arrest in the early
morning hours of May 11. Police arrived, became suspicious of Kurtz's art
supplies and called the FBI.
Within hours, FBI agents had "detained" Kurtz as a suspected bioterrorist
and cordoned off the entire block around his house. (Kurtz walked away the
next day on the advice of a lawyer, his "detention" having proved to be
illegal.) Over the next few days, dozens of agents in hazmat suits, from a
number of law enforcement agencies, sifted through Kurtz's work, analyzing
it on-site and impounding computers, manuscripts, books, equipment, and
even his wife's body for further analysis. Meanwhile, the Buffalo Health
Department condemned his house as a health risk.
Kurtz, a member of the Critical Art Ensemble, makes art which addresses
the politics of biotechnology. "Free Range Grains," CAE's latest project,
included a mobile DNA extraction laboratory for testing food products for
possible transgenic contamination. It was this equipment which triggered
the Kafkaesque chain of events.
FBI field and laboratory tests have shown that Kurtz's equipment was not
used for any illegal purpose. In fact, it is not even _possible_ to use
this equipment for the production or weaponization of dangerous germs.
Furthermore, any person in the US may legally obtain and possess such
equipment.
"Today, there is no legal way to stop huge corporations from putting
genetically altered material in our food," said Defense Fund spokeswoman
Carla Mendes. "Yet owning the equipment required to test for the presence
of 'Frankenfood' will get you accused of 'terrorism.' You can be illegally
detained by shadowy government agents, lose access to your home, work, and
belongings, and find that your recently deceased spouse's body has been
taken away for 'analysis.'"
Though Kurtz has finally been able to return to his home and recover his
wife's body, the FBI has still not returned any of his equipment,
computers or manuscripts, nor given any indication of when they will. The
case remains open.
HELP URGENTLY NEEDED
A small fortune has already been spent on lawyers for Kurtz and other
Critical Art Ensemble members. A defense fund has been established at
http://www.rtmark.com/CAEdefense/ to help defray the legal costs which will continue to mount so long as the investigation continues. Donations
go directly to the legal defense of Kurtz and other Critical Art Ensemble
members. Should the funds raised exceed the cost of the legal defense, any
remaining money will be used to help other artists in need.
To make a donation, please visit
http://www.rtmark.com/CAEdefense/ For more information on the Critical Art Ensemble, please visit
http://www.critical-art.net/ Articles about the case:
http://www.rtmark.com/CAEdefense/news-WKBW-2.html http://www.rtmark.com/CAEdefense/news-WKBW.html On advice of counsel, Steve Kurtz is unable to answer questions regarding
his case. Please direct questions or comments to Carla Mendes
.
Comments
Hide the following 2 comments
Petitons etc / Amnesty Int
26.05.2004 13:19
In addition to the request for donations...
Have Amnesty Intl & Human Rights Watch been made aware of this case ?
Are there any state authorities addresses you can give to send protests/appeals to?
What about Petitions online for a worldwide response aswell. ?
GL
More resent press release...
03.06.2004 09:34
FOR IMMEDIATE RELEASE
Contact: Beatriz da Costa, mailto:
ARTISTS SUBPOENAED IN USA PATRIOT ACT CASE
Feds STILL unable to distinguish art from bioterrorism
Grand jury to convene June 15
HELP URGENTLY NEEDED - SEE BELOW
Three artists have been served subpoenas to appear before a federal
grand jury that will consider bioterrorism charges against a
university professor whose art involves the use of simple biology
equipment.
The subpoenas are the latest installment in a bizarre investigation
in which members of the Joint Terrorism Task Force have mistaken an
art project for a biological weapons laboratory (see end for
background). While most observers have assumed that the Task Force
would realize the absurd error of its initial investigation of Steve
Kurtz, the subpoenas indicate that the feds have instead chosen to
press their "case" against the baffled professor.
Two of the subpoenaed artists--Beatriz da Costa and Steve Barnes--are,
like Kurtz, members of the internationally-acclaimed Critical Art
Ensemble (CAE), an artists' collective that produces artwork to
educate the public about the politics of biotechnology. They were
served the subpoenas by federal agents who tailed them to an art show
at the Massachusetts Museum of Contemporary Art. The third artist,
Paul Vanouse, is, like Kurtz, an art professor at the University at
Buffalo. He has worked with CAE in the past.
The artists involved are at a loss to explain the increasingly bizarre
case. "I have no idea why they're continuing (to investigate)," said
Beatriz da Costa, one of those subpoenaed. "It was shocking that this
investigation was ever launched. That it is continuing is positively
frightening, and shows how vulnerable the PATRIOT Act has made freedom
of speech in this country." Da Costa is an art professor at the
University of California at Irvine.
According to the subpoenas, the FBI is seeking charges under Section
175 of the US Biological Weapons Anti-Terrorism Act of 1989, which has
been expanded by the USA PATRIOT Act. As expanded, this law prohibits
the possession of "any biological agent, toxin, or delivery system"
without the justification of "prophylactic, protective, bona fide
research, or other peaceful purpose." (See
PATRIOT Act expansion.)
Even under the expanded powers of the USA PATRIOT Act, it is difficult
to understand how anyone could view CAE's art as anything other than a
"peaceful purpose." The equipment seized by the FBI consisted mainly of
CAE's most recent project, a mobile DNA extraction laboratory to test
store-bought food for possible contamination by genetically modified
grains and organisms; such equipment can be found in any university's
basic biology lab and even in many high schools (see "Lab Tour" at
The grand jury in the case is scheduled to convene June 15 in Buffalo,
New York. Here, the jury will decide whether or not to indict Steve
Kurtz on the charges brought by the FBI. A protest is being planned at
9 a.m. on June 15 outside the courthouse at 138 Delaware Ave. in
Buffalo.
HELP NEEDED
Financial donations:
The CAE Defense Fund has so far received over 200 donations in amounts
ranging from $5 to $400. This is a wonderful outpouring of sympathy,
but a drop in the bucket compared to the potential costs of the case.
To make a donation, please visit
Letters of support:
Letters and petitions of support from biologists, artists, and others,
especially those in positions of responsibility at prominent
institutions or companies, could be very useful. See
Legal offers and letters of support:
If you are a lawyer, offers of pro bono support or offers to write
amicus briefs would be very helpful.
BACKGROUND
Early morning of May 11, Steve Kurtz awoke to find his wife, Hope,
dead of a cardiac arrest. Kurtz called 911. The police arrived and,
after stumbling across test tubes and petri dishes Kurtz was using
in a current artwork, called in the Joint Terrorism Task Force.
Soon agents from the Task Force and FBI detained Kurtz, cordoned off
the entire block around his house, and later impounded Kurtz's
computers, manuscripts, books, equipment, and even his wife's body for
further analysis. The Buffalo Health Department condemned the house as
a health risk.
Only after the Commissioner of Public Health for New York State had
tested samples from the home and announced there was no public safety
threat was Kurtz able to return home and recover his wife's body. Yet
the FBI would not release the impounded materials, which included
artwork for an upcoming exhibition at the Massachusetts Museum of
Contemporary Art.
While most observers assumed the Task Force would realize that its
initial investigation of Steve Kurtz was a terrible mistake, the
subpoenas indicate that the feds have instead chosen to press their
"case" against Kurtz and possibly others.
To donate to the CAE Defense Fund, and for up-to-date information on
the case, please visit
For more information on the Critical Art Ensemble, please visit
To join a list about the case, please visit
Articles and television stories about the case:
On advice of counsel, Steve Kurtz is unable to answer questions
regarding his case. Please direct questions or comments to
mailto:
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